The forms of intellectual intangible property protection
Identify and explain the forms of intellectual intangible property protection, how long they last and what remedies one can seek for an infringement of one’s intellectual property pursuant.
Research using NEXIS-Uni Legal Database below and provide one case example of a business lawsuit dispute involving intellectual property within the last two years. Summarize the facts, the law in dispute and the outcome decided by the court. Did you agree with the decision, why or why not?
Sample Answer
Forms of Intellectual Intangible Property Protection and Remedies for Infringement
Intellectual property (IP) refers to creations of the mind, including inventions, literary and artistic works, designs, and symbols. To incentivize innovation and creativity, the law provides several forms of protection for these intangible assets.
Forms of Intellectual Property Protection:
- Patents: Grant exclusive rights to inventors for 20 years for novel and non-obvious inventions. Remedies include injunctions preventing further infringement, damages for lost profits or royalties, and possible seizure of infringing goods.
- Trademarks: Protect distinctive marks used to identify goods or services and prevent consumer confusion. They last for 10 years with potential renewals. Remedies include injunctions, cancellation of the infringing mark, and monetary damages.
- Copyrights: Protect original creative expressions like books, music, and software for the life of the author plus 70 years. Infringement remedies include injunctions, removal of infringing material from online platforms, and statutory damages.